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very sad situation...what specific question do you want answered? do you have any family members to help short-term?
thanks for the answer. if i do take my things out of the house-in the state of nc there is an abandonment law. would that looks as i am abandoning the home and my marriage? also the kids are NOT biological his so there is no custody or visitation issue there. the support i have is from my EX husband's family-the father of my two daughters. i wanted to save the marriage and have tried but it is very hard to save a marriage when only one wants to work on it. there has been no communication on his part to anything i have done or said to try to work things out. i need to be able to take care of myself and my two daughters. is he allowed to close our joint accounts like he did and leave me with no money? we also have a house in nc, a rental house in fl and a boat-how will those assets be divided? the houses are in both of our names and the boat is in his name. i am also the owner of my mother's home-she deeded it over to me when she became ill. will he get half of that as well as the contents of the house which is fully furnished of my mothers possessions and being rented out to my husband's assistant. what will happen to that house?
Actually he is the one who abandoned not you and in order to prove that in NC, there are 3 elements:
Within the context of North Carolina Family law, "abandonment" has 3 elements. These elements are (1) one spouse brings cohabitation to an end without justification, (2) without the consent of the other spouse and (3) without the intent of renewing it. Panhorst v. Panhorst, 277 N.C. 664 (1971). In order to prove abandonment, you must prove all 3 elements.
you have justification to leave and you intend to go back if you can work it out so there is no abandonment on your part. As to the joint bank account. any person can close a joint bank account but if you go through a divorce the judge will still count the amount of money that was in the account before your husband closed it and will divide the amount was in there equally when all assets are divided. so his is a temporary victory at best.
all assets acquired during the marriage is a marital asset. It doesn't matter whose name it is in. One of the exceptions is an inheritance or gift. So your mother's house and your mother's possessions belong to you only and not to the marriage. I urge you to meet with a local attorney asap to discuss the specifics and your complete rights.
I hope this helps. Please "accept" so that I may receive credit. Thanks again.
one more question-when will any funds be released to me in our joint account so i can pay the bills and live? my credit is going to be down the drain if i don't get some of these bills paid. thanks much, you have been very helpful.
thanks for your help and you clarify my questions. jill
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